Poland: Input VAT deduction on commuter vehicles, deductibility of IT services, VAT on employee capital plans portal
A report that includes summaries of recent decisions of the Supreme Administrative Court.
A report that includes summaries of recent decisions of the Supreme Administrative Court.
The KPMG member firm in Poland prepared a report that includes summaries of the following decisions of the Supreme Administrative Court.
- The court on July 17, 2024, held (case file I FSK 1175/20) that the taxpayer was entitled under Articles 86a(3)(1)(a) and 86(4)(1) of the VAT Act to deduct input tax related to employees’ use of vehicles to commute to work, provided that the employees are prohibited from using the vehicles for purposes outside business activity.
- The court on July 17, 2024, held (case file II FSK 1424/21) that information technology (IT) services, such as support of users in their everyday work with office computers and software (commonly referred to as help desk), do not constitute consulting or management services and thus are not covered by the provisions of Article 15e of the CIT Act which, until 2022, limited the deductibility of costs of IT services acquired from related entities.
- The court on July 11, 2024, held (case file I FSK 1143/20) that operating a portal to gather and grant information on the operations of the employee capital plans (ECP) do not constitute business activities treated as services under Article 8(1) of the VAT Act.
Read a July 2024 report prepared by the KPMG member firm in Poland
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